INDIAN COAL AGENCY,KOLKATA vs. PRINCIPAL CIT, CIRCLE - 12, KOLKATA , KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

Bench: Sonjoy Sarma & Sri Rakesh Mishra

section 10(2)(xv) of the Income-tax Act is made, the income-tax authorities have to decide whether the expenditure claimed as an allowance was incurred voluntarily and on grounds of commercial expediency. In applying the test of commercial expediency for determining whether the expenditure was wholly and exclusively laid out for the purpose of the business, reasonableness

M/S. TRISHAN EXPORTS PVT. LTD.,KOLKATA vs. A.C.I.T., CIRCLE-11(1), KOLKATA, KOLKATA

In the result, ITA No. 535/Kol/2022 is allowed for statistical purposes and ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

10(2)(xv) of the Indian Income-tax Act, 1922. The decision is clearly distinguishable in its application to the present case. Here we are concerned with an assessee who has not even claimed any deduction on the ground of service tax and has not debited the amount to its Profit & Loss Account. Moreover the provisions of section

M/S. TRISHAN EXPORTS PVT. LTD.,KOLKATA vs. A.C.I.T., CIRCLE-11(1), KOLKATA, KOLKATA

In the result, ITA No. 535/Kol/2022 is allowed for statistical purposes and ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

10(2)(xv) of the Indian Income-tax Act, 1922. The decision is clearly distinguishable in its application to the present case. Here we are concerned with an assessee who has not even claimed any deduction on the ground of service tax and has not debited the amount to its Profit & Loss Account. Moreover the provisions of section

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Sheth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

M/S. SHAKAMBHARI ISPAT & POWER LTD.,KOLKATA vs. DCIT, CC - 3(3),, KOLKATA

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Seth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

M/S. SHAKAMBHARI ISPAT & POWER LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Sheth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

M/S. SHAKAMBHARI ISPAT & POWER LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Sheth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

D.C.I.T., CC - 3(1),, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Sheth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

M/S. SHAKAMBHARI ISPAT & POWER LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Sheth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3.1, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Sheth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Seth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

M/S. SHAKAMBHARI ISPAT & POWER LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), , KOLKATA

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Sheth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. SHAKAMBHARI ISPAT & POWER LIMITED, KOLKATA

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Seth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

M/S. SHAKAMBHARI ISPAT & POWER LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(3), KOLKATA

Appeals of the assessee are partly allowed and\nappeals of the revenue are dismissed

disallowing the entire expenditure.We do not find any\nerror in the view of the Tribunal. No question of law arises.\"\nIt is further observed that the AO had relied upon the decision of the\nGujarat High Court in Simit P. Sheth (356 ITR 451) and took the\nview that entire purchases could not be added as bogus but what\nneeded

BINAYAK IMAGINE & DIAGNOSTIC PVT. LTD.,KOLKATA vs. DCIT, CIR. 7(1), KOLKATA

In the result, appeal of the assessee ispartly allowed for statistical purposes

Bench: Shri Rajesh Kumar&Shri Sonjoy Sarma]

xv) Laparoscope (single incision) Having considered the nature of equipments and medical/ diagnostic services rendered by the assessee, we are of the view that this devices / machines constitute life saving machines. According to authorities below since the assessee is running diagnostic and pathological centre for carrying of various tests and therefore the machines installed could not be treated as life